Tort: A civil wrong, other than a breach of contract, for which the law provides a remedy, typically compensation for harm caused. Originates from the French word "un tort," meaning injustice or wrong.
Tortfeasor: The individual or entity liable for committing a tort; the wrongdoer or offender.
Plaintiff: The victim or injured party who brings a claim against the tortfeasor in a civil lawsuit.
Liability: Legal responsibility for one's actions or omissions that cause harm, making the tortfeasor responsible for damages.
Damages: Monetary compensation awarded to the plaintiff to restore them to their original condition or to compensate for loss or injury.
Intentional Tort: A wrongful act committed deliberately by the defendant, such as battery or assault, requiring intent to cause harm or offensive contact.
Tort law is state law in the U.S., with each state having its own statutes, though principles are often harmonized through case law and Restatements by the American Law Institute.
The primary purpose of tort law is to compensate victims, deter wrongful conduct, and sometimes punish the wrongdoer.
1. How do the elements of assault differ from those of battery?
2. What is the primary role of intentional tort law within the legal system?
3. What is the primary cause of negligence in a tort claim?
Consent — defense?
Voluntary agreement negates liability if valid.
Duty of Care — definition?
Legal obligation to avoid foreseeable harm.
Breach of Duty — proof?
Conduct falling below reasonable standard.
Assault Elements — components?
Intent, act, reasonable apprehension.
Battery Elements — components?
Intent, contact, harm or offense.
Defenses to Torts — examples?
Consent, self-defense, necessity, privilege.
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